anaheim-gazette 1923-11-29

VOLUME LIV THANKSGIVING IS OBSERVED TODAY ANAHEIM BUSINESS HOUSES CLOSE AND THE BUSY WORKERS GIVE THANKS City is Feasting on Turkey and Pumpkin Pie, With a Few Side Dishes Added for Fillers—Many Persons Take Advantage of the Holiday and Motor to Nearby Resorts—Services Will be Held at Most of the Churches—President Coolidge Gives Reasons for Days' Observance. Today is the one day of the year when all the good people of the United States lay aside their daily tasks and observe it as a day of thanksgiving for the blessings vouchsafed during the past year. It is a holiday recognized only in this country, and was inaugurated in 1620 when the Pilgrim fathers and mothers, after landing from the Mayflower, appointed a day of Thanksgiving for their safe arrival in the land of the free and the home of the brave. For more beloved President Harding, which has been mourned wherever there is a realization of the worth of high ideals, noble purpose and unselfish service carried even to the end of supreme sacrifice. His loss recalled the nation to a less captious and more charitable attitude. It sobered the whole thought of the country. A little later came the unparalleled disaster to the friendly people of Japan. This called forth from the people of the United States demonstrations of deep and humane feeling. It was wrought into the substance of good works. It created new evidence of our international friendship which is a guarantee of world peace. It replenished the charitable impulse of the country. By experience such as these men and nations are tested and refined. We have been blessed with much of material prosperity. We shall be better able to appreciate it if we remember the privations others have suffered and we shall be the more worthy of it if we use it for their relief. We will do well then to render thanks for the good that has come to us and show by our actions that we have become stronger, wiser and truer by the chastening which has been imposed on us. We will thus prepare ourselves for the part we must take in a world which forever needs the full measure of service. We have been a most favored people. We ought to be the most generous people. We have been the most blessed people. We ought to be the most thankful people. ZONE OR ADOPT COU DRILLING FOR WITHIN CERTIFICATION OF THE Drilling for oil boundaries is limited districts, accordance which was a trustees Thursday tests had previous almost the passage of property owners who to oil companies, be to raise a voice came up for final Howard Gates her of the board the ordinance, am Today is the one day of the year when all the good people of the United States lay aside their daily tasks and observe it as a day of thanksgiving for the blessings vouchsafed during the past year. It is a holiday recognized only in this country, and was inaugurated in 1620 when the Pilgrim fathers and mothers, after landing from the Mayflower, appointed a day of Thanksgiving for their safe arrival in the land of the free and the home of the brave. For more than three hundred years it has been observed by the American people, and is now as religiously celebrated as Christmas day. It has never been designated as a holiday by act of congress but the president of the United States annually proclaims it, fixing upon the last Thursday in November as the day to be observed. It is also considered a harvest home festival. Back in the eastern and middle states at this season "the frost is on the pumpkin and the fodder's in the shock." The harvest has been gathered, and Thanksgiving is regarded as a day of feasting in celebration of the event. The first fruits of the soil and the firstlings of the flock are supposed to be placed on the table on this day which accounts for the declination of the turkey population and the enormous consumption of pumpkin pie. Looking backward over the past year Anaheim people have much to be thankful for. The citizens were never before so prosperous and so universally contented. Remembering their blessings during the year they are obeying the edict of the president closing their places of business and giving thanks. They are also feast- ing on the good things of the earth, and it is not believed a single one of Anaheim's twelve thousand population will be so unfortunate as to go hungry today. Following is President Coolidge's proclamation fixing the date: The American people, from their earliest days, have observed the wise custom of acknowledging each year the bounty with which divine providence has favored them. In the beginning this acknowledgement was a voluntary return of thanks by the community for the fruitfulness of the harvest. Though our mode of life has greatly changed this custom has always survived. It has made Thanksgiving Day not only one of the oldest but one of the most characteristic observances of our country. On that day, in home and church, in family will do well then to render thanks for the good that has come to us and show by our actions that we have become stronger, wiser and truer by the chastening which has been imposed on us. We will thus prepare ourselves for the part we must take in a world which forever needs the full measure of service. We have been a most favored people. We ought to be the most generous people. We have been the most blessed people. We ought to be the most thankful people. Wherefore, I, Calvin Coolidge, president of the United States, do hereby fix and designate Thursday, the 29th day of November, as Thanksgiving Day and recommend its general observance through the land. It is urged that the people gathering in their homes and their usual places of worship give expression of their gratitude for the benefits and blessings that a gracious providence has bestowed upon them and seek the guidance of Almighty God that they may deserve a continuance of His favor. PLANS TO ELIMINATE DANGEROUS CROSSINGS County Acting Under Suggestion of N.T.Edwards. On the suggestion N.T.Edwadrs, of Orange, state highway commissioner, steps were taken for the organization this week of an informal committee to work for the elimination of dangerous grade crossings in Orange county. Under the plan of organization this committee will aim to secure the co-operation of the railroads, the state county and the cities of the county in doing away with hazardous crossings, at the rate of one, two or more every year. The organization of this committee is one of the ends to which Edwards has been working ever since he became a state highway commissioner last January. "I have been waiting for the right time to act," said Edwards. "My interest as highway commissioner has been chiefly centered on problems of the state highway. This committee, however, should deal with the crossings problems of the whole county, and seek the co-operation of the state highway commission in the elimination of crossings on the state highway." Information received from Los Angeles showed that informal committees is limited districts, accordance which was a trustees Thursday tests had previous almost the passage of property owners who to oil companies, be to raise a voice came up for final Howard Gates warber of the board for the ordinance, and cause it permitted districts within these drilling at any point Should the Standard other well in close boundary lines provide the ordinance will foredumed, and are demanded. As a result, the voters have no all likelihood an ing drilling inside by a large major. A recent supreme quiring the assess paving be fixed by stead of the squares fore, was discussed Thursday night. The company has finished Zeyn, Sycamore, streets, was anxious under the new residents on some or tested. The contents per square streets being many others the property narrow streets were new ruling, while wide streets wouldney Weisel advance back to this system, and although pany's representation suits, the board ad suggestion. Fourteen contract sewer jobs. Only included 1302 feet from the present sewer farm to this Pernell Barn low bidder at $1.80 for the one manhole total of $2408.60. On Job No. 2, cooof ten-inch and 540 LaPalma Avenue tracks to the outfitting's corner the loft J.Milosevich, 424 Angeles, who bid $1.06 on the ten-in- custom or acknowledging each year the bounty with which divine providence has favored them. In the beginning this acknowledgement was a voluntary return of thanks by the community for the fruitfulness of the harvest. Though our mode of life has greatly changed this custom has always survived. It has made Thanksgiving Day not only one of the oldest but one of the most characteristic observances of our country. On that day, in home and church, in family and public gatherings, the whole nation has for generations paid the tribute due from grateful hearts for blessings bestowed. To center our thoughts in this way upon the favors which we have been shown has been altogether wise and desirable. It has given opportunity justly to balance the good and the evil which we have experienced in that we have never failed to find reasons for being grateful to God for a generous preponderance of the good. Even in the least propitious times a broad contemplation of our whole position has never failed to disclose overwhelming reasons for thankfulness. Thus viewing our situation we have found warrant for a more helpful and confident attitude toward the future. In the current year we now approach the time which has been accepted by custom as most fitting for the calm survey of our estate and the return of thanks. We shall the more keenly realize our good fortune if we will, in deep sincerity, give it to it due thought and more especially if we will compare it with that of any other community in the world. The year has brought to our people two tragic experiences, which have deeply affected them. One was the death of our "I have been waiting for the right time to act," said Edwards. "My interest as highway commissioner has been chiefly centered on problems of the state highway. This committee, however, should deal with the crossings problems of the whole county, and seek the co-operation of the state highway commission in the elimination of crossings on the state highway." Information received from Los Angeles showed that informal committees such as it is proposed shall be formed here this week can secure results. In Los Angeles, the informal committee includes representatives of the board of supervisors, the city council the Automobile Club of Southern California, the state highway commission and each of the railroads. An engineer of the State Railroad commission attends the meetings. Under the plans of procedure dangerous crossings were listed, and engineering plans for the elimination of two crossings on each railroad were adopted and contracts for the work to be done for the elimination of these crossings were drawn up and signed, the state sharing the expense with the railroads when the crossing was located on the state highway, and county or city sharing when its right of way was involved. The proposal to organize a grade crossing elimination committee for Orange county is to be presented to the board of supervisors, following which arrangements will be made for a meeting within a few days with Edwards and with a representative of the Automobile Club of Southern California. On Job No. 2, coo of ten-inch and 540 LaPalma Avenue tracks to the outfitting's corner the loft J. Milosevich, 424 Angeles, who bid $1.06 on the ten-inch nine manholes, to SURPRISING INC SAYS Orange County's Made Pu Prepared to an arising increases Orange county, H.C. crew of fourteen men presenting the company of Long public within the pre-publication figure county-wide direct this county. "This directory virtually complete end of the county figures for the se county are now checked. Follow some corrections, issue a pre-public population within." "Our workers, vering Orange county have a system o checking which must that none will AHAIM GAZETT Anaheim, California, Thursday, November 29, 1923 ZONE ORDINANCE ADOPTED BY COUNCIL DRILLING FOR OIL PERMITTED WITHIN CERTAIN SECTIONS OF THE CITY No Protest Made, but Referendum Vote May be Demanded If Oil is Found Near the City — Protest Against Front Foot Assessment for Paving Heard, and Old System of Square Foot Assessment Endorsed — Bids Received for Sewer Construction. Drilling for oil within the city boundaries is limited to certain specified districts, according to the ordinance which was adopted by the city trustees Thursday night. Many protests had previously been made against the passage of the ordinance by property owners who desired to lease to oil companies, but nobody appeared to raise a voice against it when it came up for final reading. Howard Gates was the only member of the board who voted against the ordinance, and he objected be-oven sent men into the hills to get the sheepherders. "This directory will be particularly valuable in view of the fact that it will show the exact number of new houses constructed on leading cities in Orange county." According to Walsh and his associates, copies of the new directory probably will not be available for public distribution until the latter part of December. "We will make every effort to issue the book before the first of the year," Walsh said, "but those who have moved and who wish to have their addresses changed still have time to notify us. They should address the Western Directory company, First National bank building, Long Beach, California." ENGINEER BRUNS TORNS FARMER Hauled Mail Train on Burlington 25 Years, New Raises Valencias G. W. Bruns arrived on Sunday from Burlington, and has joined his family on his fine Valencia orchard east of town, which he purchased while on a visit here eleven years ago. Mr. Bruna is an engineer in the employ of the Burlington Route, and for 25 years has hauled the mail train between Burlington and Preston, on the run from Chicago to Omaha, a distance of 188 miles. His speed is BANNER YEAR FOR BUILDING IN COUNTY ALL FORMER RECORDS BROKEN BY ACTIVITIES DURING PAST YEAR Every City in the County Shows Remarkable Increase—Anaheim has Already Passed the Two Million Mark and the Year is Not Yet Ended—Fullerton Likewise Shows Big Increase Over the Previous Year. With building records of previous years already shattered in cities throughout Orange county, 1923, has established itself as a banner year for growth in the southland. Anaheim with a total of $1,159,689 in 1922, passed this mark late in October and during the first few days of the present month her building total slipped over the two million dollar mark for the first time in the history of the city. The following summary of building totals for the past three years shows the remarkable growth of the Mother boundaries is limited to certain specified districts, according to the ordinance which was adopted by the city trustees Thursday night. Many protests had previously been made against the passage of the ordinance by property owners who desired to lease to oil companies, but nobody appeared to raise a voice against it when it came up for final reading. Howard Gates was the only member of the board who voted against the ordinance, and he objected because it permitted drilling in certain districts within the city. He opposes drilling at any point within the city. Should the Standard test well, or any other well in close proximity to the boundary lines prove to be a producer, the ordinance will probably be referendumed, and a vote of the people demanded. As a large majority of the voters have no land to lease, in all likelihood an ordinance prohibiting drilling inside the city would carry by a large majority. A recent supreme court decision requiring the assessment for street paving be fixed by the front foot, instead of the square foot as heretofore, was discussed by many persons Thursday night. The Griffith Company has finished paving Walnut, Zeyn, Sycamore, Helena and Citron streets, was anxious to collect pay under the new ruling, but many residents on some of these streets protested. The contract price is 20.7 cents per square foot. Some of the streets being much narrower than others the property owners living on narrow streets would lose by this new ruling, while persons living on wide streets would gain. City Attorney Weisel advised the board to change back to the old square foot system, and although the paving company's representative threatened lawsuits, the board adopted Mr. Weisel's suggestion. Fourteen contractors submitted bids for sewer jobs. One job known as No. 1 included 1302 feet of 20-inch sewer from the present septic tanks across the sewer farm to the new outfall. On this, Pernell Barnett of Orange was low bidder at $1.80 per foot and $65 for the one manhole needed, making total of $2408.60. On Job No. 2, composed of 4174 feet of ten-inch and 5408 feet of 12-inch on LaPalma Avenue from the Santa Fe tracks to the outfall sewer at Brown's corner the lowest bidder was D. J. Milosevich, 424 No. Hill Street, Los Angeles, who bid $1.10 on the 12-inch at $1.06 on the ten-inch and $70 each for Years, New Rales Valencias G. W. Bruns arrived on Sunday from Burlington, and has joined his family on his fine Valencia orchard east of town, which he purchased while on a visit here eleven years ago. Mr. Bruna is an engineer in the employ of the Burlington Route, and for 25 years has hauled the mail train between Burlington and Preston, on the run from Chicago to Omaha, a distance of 188 miles. His speed is better than 60 miles an hour, and he makes twelve round trips a month. He has obtained a leave of absence of three months, and will be here until March but adds significantly that he may remain here on his ranch with his family permanently. Mr. Bruns took up railroad work in 1887, and during the last 25 years has occupied the responsible position of engineer on the mall train running out of Burlington. He is one of the most experienced and competent engineers in the company's service. While making a trip through Orange county eleven years ago he purchased a ranch east of this city, which he has transformed into a beautiful valencia orchard. He was here a year ago, and finds many improvements in the town and surrounding country. We extend him a welcome to our city. CHILD ABANDONMENT LAW No material change has been made in the attitude of the law toward parents who abandon their children, despite the amendment passed by the last legislature changing the offense from a felony to a misdemeanor, it was learned from an official source. Critics of the amendment and its approval by Governor Richardson having declared that the law "placed a premium on child abandonment" and tied the hands of the authorities in the matter of extraditing deliquent parents from other states for prosecution under the law, the district attorney's office was questioned regarding the matter. Chief Deputy District Attorney C. N. Mozley revealed that the amendment fails to materially lighten the penalty, which is not exceeding two years imprisonment or not exceeding 1000 fine, or both fine and imprisonment. The county jail, however, is substituted for state's prison in the penalty. "As far as extradition is concerned, the amendment of the law makes no throughout Orange county, 1923, has established itself as a banner year for growth in the southland. Anaheim with a total of $1,159,589 in 1922, passed this mark late in October and during the first few days of the present month her building total slipped over the two million dollar mark for the first time in the history of the city. The following summary of building totals for the past three years show the remarkable growth of the Mother Colony: Total for 1920...$ 517,350 Totals for 1921...933,364 Totals for 1922...1,159,589 Totals for 1923 to date...2,082,870 At the present rate another quarter of a million dollars will be added to this list before the end of the present year. Fullerton, likewise, has shown a tremendous gain over last year, with a total of $1,766,576 to date as compared with $1,714,526 for 1922, the northern metropolis also promises to exceed the two million mark by several thousands of dollars by January 1. An analysis of the various building activities indicates that more than two thirds of the huge expenditures for new buildings was expended for homes. Lots throughout both cities are rapidly becoming filled with modern residences, and subdivisions are being sold as rapidly as they can be put on the market. However, with the large percentage of homes now under construction, the business sections of these cities are keeping pace with community growth The sky-line of both Fullerton and Anaheim is rapidly changing. No longer is the two-story building being built. The limit has been extended to three four, and even six stories. Plans have been completed for the new six-story American Savings Bank building which will be erected at the corner of Claudina and Center streets, Anaheim; by Samuel Kraemer, according to M. Eugene Durfee, local architect. The structure which is to cost $300,000 will house the bank and the majority of the dentists and physicians of Anaheim. This will make the fourth office building constructed by Kraemer during the year. The other three, all on East Center street are valued at half a million dollars. Another new building now under construction in Anaheim is the Cassou block on West Center and Climentine SURPRISING INCREASES SAYS NEW DIRECTORY. Orange County's Population Will be Made Public Soon Prepared to announce some surprising increases in population in Orange county, H. L. Walsh, one of a crew of fourteen men and women representing the Western Directory company of Long Beach, will make public within the next two weeks pre-publication figures of the first county-wide directory ever printed for this county. "This directory," Walsh said, "is virtually complete as far as the north end of the county is concerned. The figures for the south section of the county are now being assembled and checked. Following a re-check, and some corrections, we will be able to issue a pre-publication forecast of population within the next two weeks. Our workers, who have been covering Orange county very thoroughly, have a system of checking and re-checking which makes it doubly certain that none will be overlooked. We Chief Deputy District Attorney C. N. Mozley revealed that the amendment fails to materially lighten the penalty, which is not exceeding two years imprisonment or not exceeding $1000 fine, or both fine and imprisonment. The county jail, however, is substituted for state prison in the penalty. "As far as extradition is concerned, the amendment of the law makes no practical difference." Mozley stated. "We never have extradited anybody under that law, anyway. The reason is that California governors have never recognized or approved requests for extradition under this particular law. "We have customarily used this law merely to exert pressure upon parents, to force them to do what they should do without pressure. Feeling that it is better for a parent to be at liberty, where he can support his children rather than be imprisoned, where he can do nothing for his family, we have applied enforcement only as a last resort where pressure has failed to bring results," Mozley concluded. Joe Conroy of Los Angeles, was found dead in his car at Santa Ana Monday, poison bootleg whiskey being the cause. He and a companion named Andersan had been joy riding through the county and purchased a quantity of moonshine. Early Monday morning Anderson, who was driving the car, discovered that his companion was dead. He notified the sheriff, and A. P. Monahan of Huntington Beach was arrested charged with selling the poisoned dope. The structure which is to cost $300,000, will house the bank and the majority of the dentists and physicians of Anaheim. This will make the fourth office building constructed by Kraemer during the year. The other three, all on East Center street are valued at half a million dollars. Another new building now under construction in Anaheim is the Cassou block on West Center and Climentine streets. This structure, three stories high, will contain four store rooms on the first floor, and the second and third floors will be made into apartments. The new K. P. building on West Center street, is being erected at a cost of $60,000. Plans have also been completed for Anaheim's new Christian church, to be built at Helena and Cheesnut strs., at a cost of $90,000. Contracts for this building will be let late this week. Citizens of Anaheim recently voted $110,000 for a new grammar school building, and construction work is expected to start soon as a suitable site is selected. Fullerton's skyline was punctured when the new $300,000 Chapman office building was completed early this month. The five-story structure is to be the first of a number of new buildings in the down-town section. Excavation work has been started for the new $240,000 city hall and the $25,000 fire station. Included in Fullerton's building total for this year is $240,000 for school construction, $60,000 for the Wicker-sheim building, $40,000 for the new Hilters block, and $40,000 for re-according to M. Eugene Durfee, local architect. The structure which is to cost $300,000, will house the bank and the majority of the dentists and physicians of Anaheim. This will make the fourth office building constructed by Kraemer during the year. The other three, all on East Center street are valued at half a million dollars. Another new building now under construction in Anaheim is the Cassou block on West Center and Climentine streets. This structure, three stories high, will contain four store rooms on the first floor, and the second and third floors will be made into apartments. The new K. P. building on West Center street, is being erected at a cost of $60,000. Plans have also been completed for Anaheim's new Christian church, to be built at Helena and Cheesnut strs., at a cost of $90,000. Contracts for this building will be let late this week. Citizens of Anaheim recently voted $110,000 for a new grammar school building, and construction work is expected to start soon as a suitable site is selected. Fullerton's skyline was punctured when the new $300,000 Chapman office building was completed early this month. The five-story structure is to be the first of a number of new buildings in the down-town section. Excavation work has been started for the new $240,000 city hall and the $25,000 fire station. Included in Fullerton's building total for this year is $240,000 for school construction, $60,000 for the Wicker-sheim building, $40,000 for the new Hilters block, and $40,000 for re-according to M. Eugene Durfee, local architect. The structure which is to cost $300,000, will house the bank and the majority of the dentists and physicians of Anaheim. This will make the fourth office building constructed by Kraemer during the year. The other three, all on East Center street are valued at half a million dollars. Another new building now under construction in Anaheim is the Cassou block on West Center and Climentine streets. This structure, three stories high, will contain four store rooms on the first floor, and the second and third floors will be made into apartments. The new K. P. building on West Center street, is being erected at a cost of $60,000. Plans have also been completed for Anaheim's new Christian church, to be built at Helena and Cheesnut strs., at a cost of $90,000. Contracts for this building will be let late this week. Citizens of Anaheim recently voted $110,000 for a new grammar school building, and construction work is expected to start soon as a suitable site is selected. Fullerton's skyline was punctured when the new $300,000 Chapman office building was completed early this month. The five-story structure is to be the first of a number of new buildings in the down-town section. Excavation work has been started for the new $240,000 city hall and the $25, YEAR BUILDING UNTY RDDS BROKEN DURING YAR enty Shows ReAnaheim has Two Million is Not Vet likewise Shows the Previous dts of previous ired in cities ounty, 1923, has banner year for and. ark late in Octfirst few days her building to o million dollar in the history ary of building three years show of the Mother modeling the Farmers and Merchants Bank building. The beautiful new California Hotel, Fullerton, was completed early this year at a cost of $160,0000. The Buick garage and the siren garage each costing $20,000 have been completed within the past few months, and the Savoy Block on South Spadra is an addition to the business area which represents an expenditure of $25,000. The Clarke apartments on West Whiting avenue helped swell the Fullerton 1923 building total by $35,000, and the new home of the Fullerton Creamery cost $28,000. Added to these are the Union Pacific station, costing $36,000; the Osborne Packing Plant, $25,000, and the plant of the Newton Process company, $50,000; and the reconstructed Davis block, $15,000. FRED SCHNEIDER SUED FOR HEAVY DAMAGES Accident Insurance Co. Claims He Seriously Injured One of Its Policy Holders Suit to recover damages to the amount of $100,000 has been filed in Superior Court against Fred H. Schneider of Anaheim by the Hartford Accident Insurance Co. It is alleged that C. W. Ormiston, a policy holder in the company, was assaulted by Schneider and so seriously injured that the insurance company was ob- JURY DISAGREES IN TRIAL OF R.W.ERNEST TWELVE MEN AND WOMES DEAD-LOCK ON A SIX TO SIX VOTE Business Manager of the Plain Dealer Charged with Assault and Battery by His Wife—Lady Exhibits Scars But Some of the Jurors Evidently Thought the Battle was an Even Break—Case Will be Tried Again in Judge Brown's Court. Fifty-fifty was the standing of the jurymen and jurywomen who heard the evidence in the case of R. W. Ernest, business manager of the Plain Dealer, who was tried in Judge Brown's court Monday on a charge of assault and battery preferred by his wife. The testimony given by both sides agreed on the main points but differed as to details. Mr. Ernest did not deny that the black eye, the bruise in her forehead and the caulflower ear exhibited by his wife was the result of his dexterous sparring, but he declared that her statement Seriously Injured One of Its Policy Holders Suit to recover damages to the amount of $100,000 has been filed in Superior Court against Fred H. Schneider of Anaheim by the Hartford Accident Insurance Co. It is alleged that C. W. Ormiston, a policy holder in the company, was assaulted by Schneider and so seriously injured that the insurance company was obliged to pay him damages to the amount of $2,749.50. The company asks leave to keep this sum for itself and pay Ormiston the balance of the $100,000 which it seeks to recover from Schneider. Ormiston, it was said, was employed as a solicitor for a Los Angeles newspaper, which really held the indemnity policy covering him as an employee, when his injuries were received. On November 22, 1922, it was said, he called at Schneider's home, 226 Claudina street, Anaheim, in the course of his employment, he was viciously attacked by Schneider, being knocked down and kicked. Ormiston was said to have lost one eye in the encounter, a surgical operation for its removal being required. The insurance company, which claims to have already paid a claim of $1297.75, and declares it is obligated to pay $1496.75, indicates its belief that Ormiston is not nearly compensated by his insurance protection. It fixes his damages at $100,000 and demands judgment for that amount against Schneider, Ormiston to receive the surplus after the company is repaid. Attorney George L. Green and Clyde Bishop represent the plaintiff. For the purposes of the action, Ormiston is made a defendant as well as Schneider. RAILROAD COMPANIES MUST REFUND EXCESSIVE RATES In an important decision issued by the Railroad Commission, reparations amounting to approximately $30,000 were awarded by the Commission to nineteen packing and cannery corporations, who brought proceedings before the Commission charging that the Southern Pacific Company, The Atchison, Topeka & Santa Fe Railway Company, Northwestern Pacific Railroad Company and Western Pacific Railroad Company, had collected excessive rates for the transportation of the evidence in the case of R. W. Ernest, business manager of the Plain Dealer, who was tried in Judge Brown's court Monday on a charge of assault and battery preferred by his wife. The testimony given by both sides agreed on the main points but differed as to details. Mr. Ernest did not deny that the black eye, the bruise in her forehead and the cauliflower ear exhibited by his wife was the result of his dexterous sparring, but he declared that her statement that he struck her while she was down taking the count was false. According to Mr. Ernest's testimony the trouble started when his wife asked him to take care of the children during the evening as she was going out. He replied that he had a business engagement at the Plain Dealer office and would take them with him. Mrs. Ernest objected to this, and according to his statement when he attempted to lead him out of the house she restrained him by violence, throwing her arms about him and dragging him into a chair, then pulling him out of the chair and threw him sprawling onto the floor. Realizing that self-preservation is the first law of nature he rose up and prepared to defend himself. Mrs. Welster, mother of Mrs. Ernest, who was skirmishing in the outskirts, handed her daughter a whip, he declared, and the first swipe she made with the weapon took off his hat, also his wig. The whip also connected with other sections of his body, and he felt himself justified in using his fists in subduing his antagonist. He emerged victorious and the following day the defeated party swore out a warrant for his arrest, charging him with assault and battery. He was arrested Friday evening by Constable Ed. Marion, and his trial set by Judge Brown for Monday. The Jury after hearing the evidence failed to agree standing six for conviction and six for acquittal. The jurors were A. A. Slaback, Mrs. Dorah E. O'Conner, C. W. Martin, Mrs. Clara M. Martin, Pauline Marion, Burton Heald, E. M. Kirk, Mary E. Mitchell, A. E. Ford, Lulu M. Scott, R. C. Howell and E. Morris. IRVINE HOMESTEADERS ARE STILL FIGHTING Resort to the United States supreme court is the last possible avenue for the 200 "homesteaders" in the famous Orange county "land bubble case" in In an important decision issued by the Railroad Commission, reparations amounting to approximately $30,000 were awarded by the Commission to nineteen packing and cannery corporations, who brought proceedings before the Commission charging that the Southern Pacific Company, The Atchison, Topeka & Santa Fe Railway Company, Northwestern Pacific Railroad Company and Western Pacific Railroad Company, had collected excessive rates for the transportation of returned empty fruit and vegetables containers in carloads during the "federal guaranty" period, March 1 to August 31, inclusive, 1920. These proceedings were argued before the Commission on June April 23, 1923, and in the decision rendered in the original proceedings the Commission held that it had authority under the Public Utilities Act for the awarding of reparations if the same was shown to be proper. A hearing was held before Examiner Geary, of the Commission, October 10, 1923, an question of fixing the actual amount of reparation. Neither the carriers nor the complaints introduced any testimony or exhibits to prove that the rates assessed were per se, excessive and unreasonable, but it was stipulated by the carriers, in answer to a direct question, that the rates were admitted to be excessive and unreasonable, and that were not for the element of doubt as to jurisdiction, adjustments would be made, without opposition, by all of the carrier defendants. The order in these proceedings requires carriers to make the reparation payments, with interest, the amount involved being approximately $30,000. IRVINE HOMESTEADERS ARE STILL FIGHTING Resort to the United States supreme court is the last possible avenue for the 200 "homesteaders" in the famous Orange county "land bubble case" in their attempt to acquire holdings on the Irvine ranch, it became known following announcement that the Board of Equitable Adjustment had thrown out their appeals on the ground that the board had no jurisdiction. The board was created for the purpose of considering technical land disputes. The "homesteaders," it was pointed out, have been persistent in their efforts to secure tracts on the ranch, since they were advised by Ben McLendon and Dr. William R. Price of the asserted fact that the government never legally had transferred the Irvine ranch property to private owners incidentally the promoters are awaiting trial on a federal charge of using the mails in an alleged attempt to defraud. Following rejection of their claims by the land office in Los Angeles, the homesteaders appealed to the commissioner of the general land office. The claims were rejected here, also. Undaunted, the "settlers" carried their appeal to the secretary of the interior, only to meet the same fate as in other attempts. The appeal to the Board of Equitable Adjustment followed.